RECALLING Article 38(a) of the Convention on the International
Maritime Organization concerning the functions of the Marine Environment
Protection Committee (the Committee) conferred upon it by international
conventions for the prevention and control of marine pollution from
ships,
RECALLING ALSO resolution MEPC.20(22) by which the Committee
adopted the Code for the Construction and Equipment of Ships
Carrying Dangerous Chemicals in Bulk (BCH Code),
NOTING article 16 of
the International Convention for the Prevention of Pollution from
Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978
relating to the International Convention for the Prevention of Pollution
from Ships, 1973 (hereinafter referred to as the "1978 Protocol")
which together specify the amendment procedure of the 1978 Protocol
and confer upon the appropriate body of the Organization the function
of considering and adopting amendments to the 1973 Convention, as
modified by the 1978 Protocol (MARPOL),
CONSIDERING that it is highly desirable for the provisions
of the BCH Code which are mandatory under MARPOL and
recommendatory from a safety standpoint, to remain identical, when
adopted by the Marine Environment Protection Committee and the Maritime
Safety Committee,
HAVING CONSIDERED proposed amendments to the BCH Code, developed
by the Sub-Committee on Stability and Load Lines and on Fishing Vessels
Safety, at its fifty-fifth session,
1. ADOPTS, in accordance with article 16(2)(b), (c) and (d) of the
1973 Convention, amendments to the BCH Code, the text of which is
set out in the annex to the present resolution;
2. DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the amendments to the BCH Code shall be deemed to have been accepted
on 1 July 2015 unless, prior to that date, not less than one third
of the Parties or Parties, the combined merchant fleets of which constitute
not less than 50% of the gross tonnage of the world's merchant fleet,
have communicated to the Organization their objection to the amendments;
3. INVITES the Parties to note that, in accordance
with article 16(2)(g)(ii) of
the 1973 Convention, the amendments to the BCH Code shall enter into
force on 1 January 2016 upon their acceptance in accordance with paragraph
2 above;
4. INVITES ALSO the Maritime Safety Committee
to note this resolution and take action as appropriate;
5. REQUESTS the Secretary-General, in conformity
with article 16(2)(e) of the
1973 Convention, to transmit to all Parties to MARPOL, certified copies
of the present resolution and the text of the amendments to the BCH
Code contained in the annex;
6. REQUESTS FURTHER the Secretary-General to transmit
copies of the present resolution and its annex to the Members of the
Organization which are not Parties to MARPOL.